IN THE CASE OF:	  

		BOARD DATE:	    31 May 2011

		DOCKET NUMBER:  AR20100026974 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add:

* Vietnam Service Medal (VSM) with bronze service stars
* Vietnam Campaign Medal [Correctly known as the Republic of Vietnam (RVN) Campaign Medal with Device (1960)]
* Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster [indicating 2nd Award]
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar 
* All unit awards authorized by the 87th Engineer Company, 199th Infantry Brigade (Light)

2.  He states, in effect, the awards were omitted from his DD Form 214 upon his departure from Vietnam and the U.S. Army. 

3.  He provided:

* a DA Form 20 (Enlisted Qualification Record)
* his DD Form 214
* a letter


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His records show he was inducted into the Army of the United States on 
10 May 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 12B (Combat Engineer).  

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 1 October 1968 through 15 December 1969.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 87th Engineer Company, 199th Infantry Brigade (Light) during his tour in Vietnam.  
   
5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the following:

* National Defense Service Medal (NDSM)
* VSM
* RVN Campaign Medal with Device (1960)
* ARCOM by Headquarters (HQS), 199th Infantry Brigade (Light), General Orders (GO) Number 1660
* ARCOM (1st Oak Leaf Cluster) by HQS, 199th Infantry Brigade (light), GO Number 168, dated 12 October 1969
* Army Good Conduct Medal (AGCM) (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar 

6.  His records contain U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 253, dated 9 September 1968, that show he qualified expert with the M-16E1 Rifle.

7.  His DD Form 214 shows he was honorably released from active duty on 
16 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation.  Item 24 of this form shows the following awards:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* AGCM
* ARCOM

8.  The RVN Campaign Medal with Device (1960) is already shown in item 24 of his DD Form 214.  This foreign award will not be discussed any further in this record of proceeding. 

9.  He provides a letter from the National Personnel Records Center that shows the following medal sets were shipped to him based upon documentation which entitled him to these awards:

* ARCOM
* AGCM 
* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows during the period of his assignment with the 87th Engineer Company, 199th Infantry Brigade (Light), his unit was awarded the Meritorious Unit Commendation (MUC) by Department of the Army, General Order Number 39, dated 1970; the RVN Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 51, dated 1971; and the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Five designated campaigns coincide with his period of service in Vietnam:

* Vietnam Counteroffensive, Phase V (1 July – 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) 
* TET 69 Counteroffensive (23 February – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June – 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) 

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM (1st Oak Leaf Cluster) which is not shown on his DD Form 214.  He is entitled to correction of his record to add this award.

2.  General orders awarded his unit the MUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

3.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, it would be appropriate to add these qualification badges to item 24 of his DD Form 214. 

4.  He was previously awarded the VSM.  His records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star for wear on his previously-awarded VSM.

BOARD VOTE:

____X___  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  deleting the VSM and ARCOM from his item 24 of his DD Form 214, and 

b.  adding the following awards to item 24 of his DD Form 214:

* ARCOM (2nd Award)
* MUC
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation
* VSM with one silver service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar 




      _________X____________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.




ABCMR Record of Proceedings (cont)                                         AR20100026974





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ABCMR Record of Proceedings (cont)                                         AR20100026974



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